New advertising codes for alcoholic beverages and non-alcoholic beverages

On 1 April 2024, the Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages (Dutch: Reclamecode voor Alcoholvrije Varianten van Alcoholhoudende dranken) entered into force. In addition, the Advertising Code for Alcoholic Beverages (Dutch: Reclamecode voor Alcoholhoudende dranken) was renewed. This contribution lists the key rules and changes for advertising of non-alcoholic and alcoholic beverages.

Scope of the advertising codes for alcoholic beverages and non-alcoholic beverages

The Advertising Code for Alcoholic Beverages applies to all advertising of alcoholic beverages aimed at the Dutch public. Advertising is directed at the Dutch public if it is specifically intended for the Netherlands. Beverages qualify as alcoholic beverages if the percentage of alcohol exceeds 0.5%. If both non-alcoholic and alcoholic beverages are advertised, the Advertising Code for Alcoholic Beverages applies to the entire advertisement.

The Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages applies to all advertising of non-alcoholic versions of alcoholic beverages aimed at the Dutch public.  A non-alcoholic version of an alcoholic beverage is a beverage that normally contains alcohol, but from which the alcohol was extracted during or after the preparation process. The non-alcoholic version of an alcoholic beverage may not exceed an alcohol percentage of 0.5% at a temperature of twenty degrees Celsius. An example is Heineken 0.0 as the non-alcoholic version of Heineken’s original (alcoholic) beer.

Key changes to the Advertising Code for Alcoholic Beverages

Compared to the previous version of the Advertising Code for Alcoholic Beverages, a number of changes have been made. The three most significant changes are as follows:

1. All advertising of alcoholic beverages must include the NIX18 logo. The NIX18 logo replaces the previously required slogan "not 18, no alcohol" (Dutch: “geen 18, geen alcohol”). This requirement is subject to a six-month transition period, which means advertisements for alcoholic beverages must feature the NIX18 logo by 1 October 2024.
2. In addition, more rules have been introduced regarding advertising of alcoholic beverages on social media. For example, alcoholic beverages may only be advertised on social media if it is clear to the advertiser that the owner of the social media account of the person who views the advertisement is at least 18 years old. Because TikTok's age filter is not functioning properly yet, no advertising of alcoholic beverages is allowed on this platform.
3. Finally, more rules have been introduced regarding advertising of alcoholic beverages in combination with sports. For example, advertising of alcoholic beverages may not be related to an individual athlete or sports team. Moreover, such advertising may not be shown on any props or means of transportation used by the athlete or sports team during their athletic efforts. In addition, no advertising of alcoholic beverages is allowed on banners surrounding the sports complexes of amateur athletes. These rules are subject to a six-month transition period and are effective from 1 October 2024.

The amended Advertising Code for Alcoholic Beverages is available here.

Key rules of the Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages

The Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages is a new regulation. As explained before, this code applies to all advertising of non-alcoholic versions of alcoholic beverages aimed at the Dutch public. The Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages provides that in such advertisements it must be made clear that it involves an advertisement for the non-alcoholic version and not for the regular, alcoholic version. In addition to this requirement, specific rules exist depending on the amount of (residual) alcohol contained in the non-alcoholic version of the alcoholic beverage:

1. For beverages with an alcohol content between 0.0-0.1%, advertising may not specifically target persons under 18 years of age.
2. Advertising of beverages with an alcohol content between 0.1-0.5% may not be directed at pregnant women and no link may be made between traffic participation and the consumption of this beverage.
3. If the beverage contains more than 0.5% alcohol, it qualifies as an alcoholic beverage. In that case, the Advertising Code for Alcoholic Beverages applies instead of the Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages. 

The Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages is available here.

General recommendations

Caution should be exercised when creating advertisements for alcoholic beverages and/or for non-alcoholic versions of those beverages. Such advertisements are subject to many rules. In any case, make sure to replace the slogan “not 18, no alcohol” with the NIX18 logo. Moreover, never target persons under 18 years of age in advertisements for alcoholic beverages, or for non-alcoholic versions of those beverages. Finally, please note stricter rules apply to advertising of such beverages on social media. It is advisable to read the Advertising Code for Alcoholic Beverages and the Advertising Code for Non-Alcoholic Versions of Alcoholic Beverages and ensure the advertisement meets the requirements of those codes before it is published.